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Found 16 results

  1. Hi there, I'm an Australian citizen by birth and my husband is a US citizen ... so although we're not Poms, I keep seeing this site pop up in my searches so thought I would post here and see if anyone can share any advice. We've been married 3 years during which time we've been living together in the US. I really want to go home as I'm very homesick and miss my family and friends in Australia and we don't really have any close friends or family where we live here. We visited Australia for a month at the end of 2008 and my husband loved it and is happy to move. We would also like to start a family and I would find it very hard without my Australian family around. We applied for a spouse visa in July 2009 but it was refused a couple of weeks ago because my husband has ulcerative colitis and a Medical Officer of the Commonwealth said he would potentially cost $100,000. He is in remission and perfectly able to work, he just has to take medication. We had put through a health waiver request but that was refused and I'm not exactly sure why - the letter we received didn't state which compelling and compassionate circumstances were considered or not, just that they decided not to exercise the waiver. I had put together a lot of information about our financial situation (which I believe is good, we own a house and have savings) and job prospects (my occupation is listed on the NEW skilled occupations list and my husband's was on the old one which was in effect at the time we applied), had six statutory declarations from family and friends stating that they'd be willing to provide care and support, and I also included a statement about wanting to start a family and how it would affect me emotionally if I wasn't able to return home. After getting the refusal I was so devastated that I rang the case officer and asked her if she could give me a better explanation of why it was refused - she sounded very flustered and just kept saying "it's the cost, it's the cost". When I said "but I'm an Australian citizen and you're basically telling me I can't live in Australia", she just said "you can live in the USA". I guess I was naive in thinking that the health waiver is exercised as a matter of course for spousal relationships. After doing some research online and stumbling across a 2007 Australian National Audit Office report on DIAC's administration of the health waiver process, it appears it's only exercised around 12% of the time. We are now applying to the Migration Review Tribunal and I wanted to find out if anyone knows anything about the process. Is it something we can do ourselves or would we definitely be better off getting the assistance of a lawyer? I have sent off the form and just received a letter and receipt today which stated I should send in evidence as soon as possible. I had spoken to an Australian lawyer over the phone prior to sending the application off and he said I should wait before sending any evidence. Is that right? What do I need to do next, do I just ask the Australian Embassy here to give me a copy of our DIAC file? I'm just not sure what the steps are - I had a look at the MRT website but I couldn't find anything which laid out the exact steps that would occur. If anyone can offer any assistance or clarification about the MRT process or point me in the right direction, I would very much appreciate it, as this whole thing has made me very frustrated and anxious. I just want to go home. :sad: Thank you very much if you can help at all.
  2. Hey All, 309 applied for my wife = Apr 2016 Refused = Mar 2017 AAT lodged = APR 2017 Hearing = MAY 2018 ----> Won same day. Application remitted back to Immigration for reconsideration along with new directive. ============================================================================================================ Any one in Similar situation or recently went through similar situation can share there timeline please ? Just want to get a rough Idea about priority and current processing trend. Cheers,
  3. My employer lodged a nomination which recently got refused. My employer has lodged an appeal for this with MRT. As the applicant, my current 457 is pending, but have just been informed: Was not expecting this. Was under the assumption that the nomination appeal would cascade down to my 457 visa application and I would be able to stay until this appeal had run its course. The following options that I have been given : With it being the Xmas break, my HR department are on leave, so 1) is unlikely. 2) is fairly straightforward. 3) I am not entirely sure what this entails or what to respond with? Not the best pre-xmas news, would really appreciate any tips or help.
  4. Hi everyone I'm in the deepest sadness because my nomination for ENS was marked as rejected and the letter arrived to me last Nov. The reason of refusal was, my sponsor company had lack of effort to prove why I need to be their paid employee and their description of my position was out of the defination from what ANZCO defined. I also heard about MRT, but i assume it is not applicable for my case because it was not my CO's fault. So I am working on my 'New Application' for ENS nomination again, therefore I have below questions. If there is anyone had similar experience for me, I will really appreciate if you can share your experience so I can refer to it. 1. I am gonna proceed this fresh nomination process again without chaging my (sponsor) company, it will be ok? 2. As I said, the rejection letter only metioned about cridibility of the data regarding necessacity of my position so I will prepare well-stated documents this time. But CO didn't mentioned my condition for nomination was the problem. Do you think CO completed all the assessment about me and my sponsor company before sending rejection letter? I mean, there would be any possibility they refused me again due to 'my condition' even after I reapply and re-submit implemented documents? 3. If there is anyone got through the way I am going to, could you share the time line how long it took to get nomination approval and visa approval? And actually I am not onshore now, so pleases kindly consider this fact into your opinion as well. Thank you so much.
  5. SonicBlue82

    Migration Review Tribunal

    Hi everyone, I couldn't find a recent thread relating to appealing a nomination/visa application to the Migration Review Tribunal (MRT) so I've created a new one. I'm just curious if there's anyone on here that has gone through the process of appealing the decision on their nomination or visa application with the MRT and would like to share their experience? For example, how long did it take, what was the hearing like, what was the outcome, etc... My migration agent is about to lodge an appeal for my RSMS nomination that was refused due to a technicality... It was the case officers opinion that the job description and the listed job duties/tasks/responsibilities weren't close enough to the job duties/tasks/responsibilities of the official ANZSCO position we applied for. My migration agent is going to lodge the appeal to meet the deadline and then start building a supporting argument as to why the decision should be overturned by the MRT. I know I'm in for a loooooong wait. It's about a year and a half actually. And no guarantees. But we're doing what we need to do to keep me here in Australia. Its just a shame that this appeal process is going to cost me another $6700 and a lot more time ...
  6. Jagtar Randhawa

    MRT remitted application, what next?

    Good day, Me and my family moved to Australia four years ago from Berkshire. We are both professionals I worked as an accountant and my wife was a tax inspector:chatterbox:. We have just been pushed around this obscure Australian immigration system for 3.5yrs and it is making us insane. We opened up a cafe in Brisbane and applied for PR on the basis of business skilled 845. After three and a half long years (since application to immi) our case has been remitted by the tribunal on 29/01/13 :biglaugh:. Ive been searching everywhere to see what the satistics are on remitted cases. Has anybody on here had a case remitted and what was the outcome?? I know I should just hold tight and wait it out, but after nearly four years of dealing with the Australian Immigration system and MRT(MRT were great though) is enough to make anybody mad. Is it just me or does it seem the system is in tatters? any info on your remitted applications would be good! Joey
  7. A quick question...Does anyone know how long a decision made by the MRT will stand for??? A previous application for a Skilled Migration was refused, however after a Review Tribunal it was granted (some years back).... the confusing bit between is that since it was granted no-one was notified (that we are aware of...and several house moves later) this has only come to light now. I have tried contacting them directly but with no response to date as yet.
  8. Guest

    re mrt

    Hi All wondering if anyone can help,we moved to perth in 2009 .To be as brief as possible, My wife had sucessfully applied for a job on a 457 visa ,lost her job through no fault of hers,applied sucessfully for another company who would take on the sponsorship so we applied for PR which was refused.While waiting for our MRT the person who owns the company went through a divorce and had to sell the company,my wife has again sucessfully applied for another job and have said they will sponsor her,we are worried that we might lose our appeal any advice would be grateful.We were also told by immigration that we are not allowed to leave the country otherwise we would not be allowed back.
  9. Guest

    MRT Remitted, what's next...?

    I've just received a letter from the MRT Tribunal officer, informing me that my application for MRT review has been remitted last Friday. However, there is no information stated in the letter on what are the necessary steps I need to take after this i.e. contact DIAC on the MR result? Appreciate if any of you could advice and/or share your experience on this. Thanks in advance. Regards.
  10. Guest

    MRT to DIAC

    Hi I have a question for people who have had their cases remmited back to the department by MRT as I just got a letter from MRT to say my case has been remmited back to the department. How long does it take to get a case officer allocated and the approximate waiting time for visa grant. I was also wondering if it is a good idea to have my medicals done at this stage or wait for allocation of CO. I have started the process of getting police clearance from O/S one and the federal.
  11. :confused:Hi guys, For those who still remember I had problems with my 885 visa as I did not meet the 120 points due to lack of work experience ( I am a registered nurse but had claimed work experience for having worked as an enrolled nurse) and my case was at the MRT. I was invited to a hearing and was given two options, 1. to apply for 886 family sponsored or 2. rewrite IELTS to acquire at least 7 in each component so as to get the 25 points. Having considered my options I thought the IELTS might be a bit tricky for me to get 7's so have decided to go for the 886 family sponsored. I have lodged my sponsor's documents today 4/5/10 with DIAC as directed by MRT and they have asked me to notify them when I lodge the sponsorship documents and when the sponsorship is approved. My Question is how long does it take for the sponsorship to be approved given my case is still with the MRT? Am wondering whether the English would have been a better option time wise? Thanks guys any ideas and help will be appreciated
  12. Guest

    MRT Hearing

    Hi ! My name is Vivian, I live in brisbane...on 25th of august I had a MRT hearing for my 457 Visa. We supplied with all the documents which were not included during the lodgement of my visa last year ( thats coz of my agent's fault, he messed up big time and has a habbit of forgetting things and didnt submit the required documents as per the rules and regulations) anyhow the reason why my visa application was refused was the business not being an approved sponsors, there was no training plan in place and the case officer at dimia was not happy with the companys financial statement. on 25th august the tribunal member asked for a detailed financial statement which should show a split of wages. Showing super, wages, and wages spent on training , the member being very kind and understanding the fact that we are not a big business and that the my previous migration agent screwed up gave us 7 days to submit this financial statement which should show a split of wages and wages spent on training. he was fine with rest of the things presented and discussed during the case hearing ....he said after he recieves the financial docs he will take two weeks to finalize my case. Do you reckon this is a good sign ? or does MRT usually takes 2 weeks time to decide and send its decision by post ? Most of my friends said that if the member had to refuse my case he would have done it straight away, but coz he understood the facts which we gave him about the preious agent not being supportive and that he messed up the case, plus understood the fact that we are a medium scale business he gave us 7 more days. have anyone of you been through this before or is this a general procedure for taking 2 weeks time to send the decision by post ? Do I have a chance to get my 457 visa ? should i keep my fingers crossed or ? :confused: please do comment and leave your valuable feedback thanks guys ! Vivian
  13. Guest

    MRT Overturned visa rejection

    Hi, We applied for a spouse visa off shore and it was rejected due to a very biast SMO. Applied to the MRT (Migration Review Tribunal) and the rejection has been overturned. The decision from the MRT had been sent from Oz to our Embassy overseas it has taken 3wks to get here since the decision. my spouse's medical and oz police check expire in a few wks. Just wondering if anyone knows the process from here as all we know is the embassy has received the remitted decision and don't know what happens now? Any help would be greatly appreciated as really hoping we don't have to do the medicals/police check again!!:twitcy: very stressed
  14. Guest

    Skilled 885 points test, MRT

    Hey guys has anyone been in a similar situation or knows someone who has been through the Migration review tribunal process. I applied for 885 independent visa in 2007 which was refused on the basis of not having met the point test of 120. I worked as an enrolled nurse for almost 2 years before applying and am now a registered nurse. I claimed 10 points for work experience an an enrolled nurse and could not be awarded points as this is not an occupation on the SOL. I also claimed points for occupation in demand/job offer as my occupation was on the MODL and I had a job offer but no points were awarded. What I would like to know is can the MRT reassess my points since I now have the one year experience as registered nurse and if not, can they allow me to apply for another visa in the same subclass like 886 as I have a relative who can sponsor me
  15. Hi I need help my application was remitted by MRT and I was requested to send Medical and Police Certificate by CO which i sent on 23 April, 2009 since then no response from CO is it normal i saw somewhere in the forum that they should reply you within 28 days any member know anything about it please tell me what should I do now. Regards Simplestorm
  16. Guest

    MRT Decision - whoopie :)

    Hi All, especially Gill Just to let you know that the Migration Review Tribunal went in my favour and agreed that visa should not of been refused, and have referred the case back to the DIAC for a final decision. I am so happy - as this has been the longest 2 years of my life, and if it wasnt for the likes of Gill, who kept me calm and gave me loads of advice, I would have gone completely crazy. George Lombard and his crew have been excellent, and I recommend him to anyone. Just goto wait for the DIAC now, not sure how that works or how long it will take, but no doubt George will let me know. Once again thanks to everyone, who listened, gave sound advice and helped me through the whole visa connection thing. Tonia xxx